LEGAL AND INSURANCE REFORMS HB 450 HB 450 by Representative Michael Melerine eliminates the “Housley presumption” — a decades-old legal precedent that unfairly favored plaintiffs in auto injury litigation. Previously, if a plaintiff claimed to be in good health before an accident, showed symptoms shortly afterward and had a doctor willing to link the injury to the crash, courts would presume the accident caused the injury. The burden then shifted to the defendant to disprove the claim. This change rebalances the playing field in auto-related lawsuits. HB 434 HB 434 by Representative Jason DeWitt significantly strengthens Louisiana’s “No Pay, No Play” law, raising the bar for uninsured drivers from $15,000 to $100,000. Those claimants without insurance are now barred from recovering the first $100,000 in both bodily injury or property damage claims — drastically reducing the incentive to sue. For example, if a jury awards a plaintiff $105,000, the insurer would only be required to pay the plaintiff $5,000. HB 431 HB 431 by Representative Emily Chenevert reforms the state’s comparative fault rule, barring recovery for plaintiffs found 51% or more at fault in an accident. A late-session amendment in Senate Judiciary A, however, requires juries to be informed of how their fault allocation affects the financial outcome of the case — an unwelcome change that could inject bias into jury deliberations. SB 231 SB 231 by Senator Mike Reese brings long-overdue transparency to medical damages by allowing judges and juries to see both the billed and paid amounts for medical treatment to plaintiffs, capping recovery to what was actually paid when private insurance or Medicare is used. HB 549 HB 549 by Representative Rodney Schamerhorn requires insurers to offer premium discounts to commercial vehicle policyholders who install dashboard cameras and telematics systems, incentivizing proactive safety practices. HB 148 HB 148 by Representative Jeff Wiley enhances insurance rate transparency, mandating disclosure of prior premium amounts on renewal notices. However, the legislation also gives the Insurance Commissioner new authority to block or even retroactively reduce rates deemed excessive or unfair, regardless of market competition. The Insurance Commissioner and insurance companies were against this specific provision, reasoning that it gives the Commissioner too much arbitrary power and could be ripe for future abuse. HB 438 HB 438 by Representative Gabe Firment clarifies insurance law by ensuring that institutional advertising expenses — such as brand-building campaigns not tied to specific products or aimed at informing consumers — cannot be used to justify rate increases. Under the updated definition, only operational expenses directly related to acquiring and servicing policies may be factored into rate-setting. SB 137 SB 137 by Senator Kirk Talbot requires insurers writing auto or property insurance in Louisiana to notify the Department of Insurance within 10 days when they decide to cease, pause or resume writing new policies in any geographic region of the state. Insurers must include the effective date, affected lines of insurance, impacted area and a brief explanation for the action. HB 345 HB 345 by Representative John Wyble increases the notice period for cancellation and nonrenewal to 60 days for most property and casualty insurance policies. It includes the cause for the nonrenewal — giving insureds more time to respond, resolve issues or shop for new coverage. 9
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